Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-12

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A Caustic Letter From The Cabinet
Minister to the C0mmissiOnef.
THE SECRETARY SPEAKS OUT PLAINLY AND SAYS
THAT RrTHER HIMSELF OR TIE HEAD OF THE LAND
OFFICE WILL HAVE TO RETIRE FROM TIE DRPAKT-
NHST.
Secretary Lamar wrote letter to Mr.. Sparks.
the Commissioner Of the General Land once, yes
terday, IN which he informed Mr. Sparks that one
or the other Of them would have TO retire from the
Department. This is the result af a constant frc-
tion between the Secretary and his subordinate,
aggravated BY the open criticism OF the Secretarys
decisions BY Mr.. Sparks What directly called for
the sharp response from Mr.. Lamar was long
letter to him nom Mr. Sparks questioning the cor
rectneSs OF the decision OF the Secretary in the
chicago. St Paul. Minneapolis and Omaha railroad
indemnity land cases. Mr.. Lamar begins his let
ter by saying:
81 have received communication bearing this
date {changed by eraSure and Interpolation from
will try to answer 1t at once, as the matter to
which 1t relates has already been unnecessarily
delayed too long. Fortunately, will be able TO
do this more conveniently, because every point
submitted has been the subject OF reconsideration,
having been presented through the columns OF
Of these points before was apprised that the
decision referred TO in your letter had Incurred
your disapproval and met with your displeasure.
p0lemic discussion with q subordinate nor to en-
gage with him at his insistance in gladiatortal
combat especially 30 in a matter IN which he has
received my carefully matured Instructions
matter OF pressing Importance In the public
administration Of my public duties. In no other
ment be successfully executed than for the chief
to command and the subordinates to obey.
"Your excuse for this extraordinary communica-
to the Missouri, Kansas and Texas Railroad had
not peen Drought 10 my attention, and that the
Omaha cases were, therefore, 1t seems before you
me) without citation OF authority In support OF
my your adjustment, and without argument in
behalf OF the United States In this last assump-
ton you are in error, and the reverse Of your
statement Is the fact You commence by advising
me that my decision In the Omaha case, rendered,
as you assert without the beneft Of your counsel,
wa. was In direct @antagonlsm ant to any decision OF the
substance that prior to 1875 the Government rule
of adjustment had been unirormally In accordance
With the practice laid down by me-"
The Secretary then discusses the legal aspect Of
the question In brief way, and tells Mr.. sparks
that his statement OF the case makes no impress
largely from the decision lin case citedl ITSELF"
he says, ITO support your opinion, do not deem 1t
necessary to say a word. Your quotations from
the decision sufficiently answer your opinion"
The letter continues: "Not content with eabora ate
criticism OF every point In my recent decision In
my former decisions touching the same grant and
extending over period OF more than year. The
sole object which you apparently have in view Is
|
csions especially direct you In adjusting this grant
to allow Indemnity for swamp lands and other
particular classes OF land lost In place.
"Decuning to discuss with you these past deciS-
ions. certainly did SO instruct you In my recent
decision OF october 2, 1887, and you did not even
pretend TO have misunderstood the meaning OF my
instructions. You conclude your paper with an
other elaborate criticism OF my decision upon the
branch line OF the Omaha road. You claim gross
error on my part In allowing indemnity for reser-
TO the granting act under consideration by me. 1t
seems, however, to have escaped your attention
| that 1t was neither my purpose nor my duty in
grant to assume the task OF convincing you OF
the correctness OF these instructions, by an
BILE to the subject. ! had conceived It TO be
my duty as head OF this Department and having
strictly IN view my % oath Of office, to direct
perform. l had also conceived 1t TO be equally
your duty under the same obligations TO obey
duty Of SO doing IN the only way recognized under
the laws and usages OF pu0lic LIE in civilized coun-
tries; especially 50 when was myself but acting
which imposes upon me the exclusive duty OF caus,
Ing these grants 10 be adjusted II therefore oniy
remains for me on this point to dispose OF your
elementary eft atoms Of legal maxims by infVming
you that they are IN my opinion, entirely lrreie-
want. However we may differ In our con-
siructon OF the statutes or of decided cases, and
whatever variance may exist in our conceptions
OF our public duties am constrained to say TO you
that there Is obviously one point upon which we
are III tnOFOu8u dCCOfu. UpOn lnlS punt you nave
succeeded, in the communication before me, In
rivet1ng on my mind q profound conviction. The
practical eject OF your present course Is that you
cannot execute my orders and follow my inStruc-
tons and cooperate In my administration without
surrendering opinions which should be conscien-
tiously entertained with reference to vitality i'm
pOrtant interests.
81 am as sincere as you can be in the profound
conviction that my Instructions to you are in
exact accordance with the law of Congress- in line
with the decisions Of the courts and In support of
the supremacy OF law and It's inviOabtlty. 1t is
impossible for me, In contravention OF my own
opinions arrived at after long and anxious study,
to surrender them to you. Under these c1rcum-
stances 1t Is due to orderly and decOrous admins
tratton OF the Government, to important public in
terest, and the common cause confded In part to
our hands by the President and to the personal
regard that we should both entertain for him. that
he shall be allowed to choose Secretary OF the
Interior who will conform his Administration to
public lands who will administer his Bureau in
harmony OF spirit and concert OF action with the
chief OF the Department, and without putting him
TO the necessity OF more decisive action ON his
part This alternative shall submit to the PreSi-
dent at the same time THAT this paper will De
handed to you"
The Probable Outcome.
SECRETARY LAMAR SAYS HE HAS RECEIVED NO REPLY
10 HIS LETTER
The letter OF Secretary Lamar to Land Commits
soner Sparks was the prevailing topic Of CONVEX
sation In the Interior Department to-day, and the
probable outcome was generally discussed. Secre-
tary Lamar was at hist ONCE early in the day,
attending TO business. He said to STAR reporter
that he had received no reply from Mr. Sparks.
1t seems to be the opinion that Mr. Sparks Will
in response to the letter Of the Secretary, hand In
his resignation. although some think that he will
not resign and will compel his removal The